DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/2001)

NORTHERN BRICKLAYERS CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION GENERAL DIVISION) BRICK LAYING ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 JUNE 2017

Application for approval of the Northern Bricklayers Construction Pty Ltd and the CFMEU (Victorian Construction General Division) Brick Laying Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Northern Bricklayers Construction Pty Ltd and the CFMEU (Victorian Construction General Division) Brick Laying Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 June 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

In the matter of an application for approval of the Northern Bricklayers Construction Pty Ltd and the CFMEU (Victorian Construction General Division) Brick Laying Enterprise Agreement 2016-2018, the Fair Work Commission was tasked with determining whether the agreement should be approved. The agreement sought to establish terms and conditions for bricklayers employed by Northern Bricklayers Construction Pty Ltd, as well as any other employers within the relevant industry. The legal issues before the Commission included whether the agreement complied with the requirements of the Fair Work Act 2009, particularly with respect to the provisions concerning minimum wages and entitlements, as well as whether the agreement met the criteria for being a "better off overall" test.

The Commission examined the agreement in light of the statutory requirements and found that it did indeed meet the necessary criteria. The agreement provided for wages and conditions that were at least equal to the relevant awards and included provisions for additional benefits such as shift allowances and penalty rates for certain types of work. Furthermore, the Commission concluded that the agreement was a "better off overall" agreement as it provided employees with improved terms and conditions compared to those provided under the relevant awards. As such, the Commission determined that the agreement should be approved.

In summary, the Fair Work Commission approved the Northern Bricklayers Construction Pty Ltd and the CFMEU (Victorian Construction General Division) Brick Laying Enterprise Agreement 2016-2018, finding it to be compliant with the requirements of the Fair Work Act 2009 and a "better off overall" agreement. This decision ensures that the employees of Northern Bricklayers Construction Pty Ltd, as well as other employers within the industry, will benefit from the improved terms and conditions provided by the agreement. The approval of the agreement now allows for its implementation and enforcement within the relevant industry, providing a framework for the relationship between employers and employees.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established